Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
Default title
21 March 2001
Share
CERD
58th session
21 March 2001
Afternoon
The Committee on the Elimination of Racial Discrimination this afternoon adopted its conclusions and recommendations on the ninth periodic report of Portugal on how that country is implementing the rights and mandates enshrined in the International Convention on the Elimination of all Forms of Racial Discrimination.
In its comments, the Committee welcomed the enactment of Decree-Law 4/2001 modifying the regulations on the entry, stay and departure of foreigners with a view to introducing penal legislation in Portugal against the illegal trafficking of migrant workers as well as an enlarged definition of the beneficiaries of family reunification.
With regard to concerns and recommendations, the Committee noted that incidents of racial discrimination and xenophobia did occur in Portugal and recommended that the authorities continue to monitor such incidents closely and take appropriate steps to deal with them.
The Committee reviewed the report of Portugal on 12 and 13 March.
The Committee also met in private this afternoon to consider communications filed against State parties that made the declaration under article 14 of the Convention.
When the Committee reconvenes at 10 a.m. on Thursday, 22 March it will continue its consideration of draft conclusions and recommendations on reports that it has considered during its three-week session, which concludes on Friday, 23 March.
Conclusions and Recommendations on Ninth Periodic Report of Portugal
Listed under positive aspects, the Committee welcomed the enactment of Decree-Law 4/2001 modifying the regulations on the entry, stay and departure of foreigners with a view to introducing penal legislation in Portugal against the illegal trafficking of migrant workers as well as an enlarged definition of the beneficiaries of family reunification.
The Committee also welcomed the enactment of Act. No. 134/99 and corresponding Decree-Law 111/2000 prohibiting discrimination in the exercise of rights on grounds of race, colour, nationality or ethnic origin, which contained a non-exhaustive list of discriminatory practices and provided for administrative sanctions for conduct falling under that list. It also welcomed the establishment of the Commission for Equality and against Racial Discrimination.
The Committee welcomed the establishment of the Consultative Council on questions of immigration and the participation in it of representatives of immigrant associations.
The Committee noted with appreciation that, contrary to previous legislation, Act. No. 20/98 of 12 May allows employers to freely employ any worker residing legally in Portugal, regardless of nationality.
The Committee welcomed the information provided by the State party about the sentences handed down by the competent courts in the case of the demolition of Gypsy dwellings in Vila Verde.
With regard to concerns and recommendations, the Committee noted that incidents of racial discrimination and xenophobia did occur in Portugal and recommended that the authorities continue to monitor such incidents closely and take appropriate steps to deal with them.
The Committee noted the lack of detailed information in the periodic report about the number of complaints of racial discrimination brought before the Portuguese courts as well as the corresponding decisions, and recommended that the next report include information in this respect. Such reports should also include information about the cases dealt with by the Commission for Equality and against Racial Discrimination.
The Committee noted with concern that there was discrimination against illegal migrant workers in some industrial and services sectors. It recommended that Portugal take measures to ensure that this discrimination comes to an end and that the principle of equality among all workers was fully respected.
The Committee noted that the report did not contain detailed information about the effective enjoyment by ethnic groups, including refugees, foreign workers, Gypsies and citizens who obtained Portuguese nationality after independence of former colonies, of the rights contained in article 5 of the Convention. The Committee called the State party's attention to General Recommendation 20 and recommended that the next periodic report include information in that respect, in particular about the socio-economic situation of the above-mentioned groups.
The Committee recommended that Portugal take measures to inform the population in general, and the most vulnerable groups in particular, about the possibility of bringing complaints before the Commission for Equality and against Racial Discrimination.
The Committee recommended that, in its next periodic report, Portugal provide information on the demographic composition of the population, in accordance with paragraph 8 of the Committee's reporting guidelines.
The Committee recommended that Portugal’s reports be made readily available to the public from the time they were submitted and that the Committee's concluding observations on them be similarly publicized. It also recommended the adoption of measures in order to inform the public about the acceptance by Portugal of article 14 of the Convention.
The Committee recommended that Portugal's tenth periodic report, due on 23 September 2001, be a comprehensive report and that it address the points raised in the present concluding observations.
* *** *
58th session
21 March 2001
Afternoon
The Committee on the Elimination of Racial Discrimination this afternoon adopted its conclusions and recommendations on the ninth periodic report of Portugal on how that country is implementing the rights and mandates enshrined in the International Convention on the Elimination of all Forms of Racial Discrimination.
In its comments, the Committee welcomed the enactment of Decree-Law 4/2001 modifying the regulations on the entry, stay and departure of foreigners with a view to introducing penal legislation in Portugal against the illegal trafficking of migrant workers as well as an enlarged definition of the beneficiaries of family reunification.
With regard to concerns and recommendations, the Committee noted that incidents of racial discrimination and xenophobia did occur in Portugal and recommended that the authorities continue to monitor such incidents closely and take appropriate steps to deal with them.
The Committee reviewed the report of Portugal on 12 and 13 March.
The Committee also met in private this afternoon to consider communications filed against State parties that made the declaration under article 14 of the Convention.
When the Committee reconvenes at 10 a.m. on Thursday, 22 March it will continue its consideration of draft conclusions and recommendations on reports that it has considered during its three-week session, which concludes on Friday, 23 March.
Conclusions and Recommendations on Ninth Periodic Report of Portugal
Listed under positive aspects, the Committee welcomed the enactment of Decree-Law 4/2001 modifying the regulations on the entry, stay and departure of foreigners with a view to introducing penal legislation in Portugal against the illegal trafficking of migrant workers as well as an enlarged definition of the beneficiaries of family reunification.
The Committee also welcomed the enactment of Act. No. 134/99 and corresponding Decree-Law 111/2000 prohibiting discrimination in the exercise of rights on grounds of race, colour, nationality or ethnic origin, which contained a non-exhaustive list of discriminatory practices and provided for administrative sanctions for conduct falling under that list. It also welcomed the establishment of the Commission for Equality and against Racial Discrimination.
The Committee welcomed the establishment of the Consultative Council on questions of immigration and the participation in it of representatives of immigrant associations.
The Committee noted with appreciation that, contrary to previous legislation, Act. No. 20/98 of 12 May allows employers to freely employ any worker residing legally in Portugal, regardless of nationality.
The Committee welcomed the information provided by the State party about the sentences handed down by the competent courts in the case of the demolition of Gypsy dwellings in Vila Verde.
With regard to concerns and recommendations, the Committee noted that incidents of racial discrimination and xenophobia did occur in Portugal and recommended that the authorities continue to monitor such incidents closely and take appropriate steps to deal with them.
The Committee noted the lack of detailed information in the periodic report about the number of complaints of racial discrimination brought before the Portuguese courts as well as the corresponding decisions, and recommended that the next report include information in this respect. Such reports should also include information about the cases dealt with by the Commission for Equality and against Racial Discrimination.
The Committee noted with concern that there was discrimination against illegal migrant workers in some industrial and services sectors. It recommended that Portugal take measures to ensure that this discrimination comes to an end and that the principle of equality among all workers was fully respected.
The Committee noted that the report did not contain detailed information about the effective enjoyment by ethnic groups, including refugees, foreign workers, Gypsies and citizens who obtained Portuguese nationality after independence of former colonies, of the rights contained in article 5 of the Convention. The Committee called the State party's attention to General Recommendation 20 and recommended that the next periodic report include information in that respect, in particular about the socio-economic situation of the above-mentioned groups.
The Committee recommended that Portugal take measures to inform the population in general, and the most vulnerable groups in particular, about the possibility of bringing complaints before the Commission for Equality and against Racial Discrimination.
The Committee recommended that, in its next periodic report, Portugal provide information on the demographic composition of the population, in accordance with paragraph 8 of the Committee's reporting guidelines.
The Committee recommended that Portugal’s reports be made readily available to the public from the time they were submitted and that the Committee's concluding observations on them be similarly publicized. It also recommended the adoption of measures in order to inform the public about the acceptance by Portugal of article 14 of the Convention.
The Committee recommended that Portugal's tenth periodic report, due on 23 September 2001, be a comprehensive report and that it address the points raised in the present concluding observations.
* *** *